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Re: Liability protection


K9HZ
 

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¡°Thanks to all.? ?Several of you have specifically requested that you be "indemnified".? ?That is exactly what you are NOT if I understand it right now; you might be, but it would depend on how certain Florida law etc is interpreted and you would likely need a lawyer to defend yourself.? ?If UF does what Mr. Dan D'Alesio says he can do, that will all go away and those who are identified as significant volunteers (I asked for up to 10) will be protected.¡±

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Well that¡¯s just it.? ??The only way UF gets the permission to use the knowledge is if you indemnify me/ My company¡­ and I can¡¯t be sued.? If not, you still can¡¯t sue me¡­ because¡­ then¡­ you used the knowledge without my permission¡­. and therefore I had no control of it and still can¡¯t be sued.? We don¡¯t need Indemnity granted by UF.? Rather, by our statements, they need to decide if they want to use the knowledge.? Then it¡¯s automatic.? With my published/public indemnity use statement¡­ I¡¯m safe, and so are the others that published theirs.

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I¡¯ve dealt with this many time when producing engineering designs for fortune 500 companies.? It always works out this way, and, in fact, ?there is a standard clause for it for preparing contracts (use it all the time).? The UF lawyers know this. ?Even if UF indemnifies us, they still take no risk unless they move forward and either try to license the technology or build products themselves.? If they just publish papers and the design (with the same indemnity clause specified for themselves) everyone in the chain is just fine.

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This isn¡¯t really a big deal.? UF now needs to match what this design will become with what the lawyers can tolerate.? The rest of us have done everything we need to do.? This was probably too much on the subject and I apologize for the bandwidth¡­.

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Dr. William J. Schmidt - K9HZ J68HZ 8P6HK ZF2HZ PJ4/K9HZ VP5/K9HZ PJ2/K9HZ

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From: [email protected] [mailto:[email protected]] On Behalf Of Gordon Gibby
Sent: Monday, April 6, 2020 9:57 PM
To: [email protected]
Subject: Re: [VentilatorDevelopers] Liability protection

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Thanks to all.? ?Several of you have specifically requested that you be "indemnified".? ?That is exactly what you are NOT if I understand it right now; you might be, but it would depend on how certain Florida law etc is interpreted and you would likely need a lawyer to defend yourself.? ?If UF does what Mr. Dan D'Alesio says he can do, that will all go away and those who are identified as significant volunteers (I asked for up to 10) will be protected.

I had this protection my entire working career.? ?To have people not provide it now that I am working for free?? ?Crazy.? ?Mr. D'Alesio recognizes this and hopefully will solve this.? ?Dr. Nik Gravenstein (very good friend of mine and mentor over many years; we've worked together many times) has taken on the task of moving the paperwork.? ?I reprinted the list of those wishing protection, and also those ostensiblly declining it (though many of you gave ambiguous answers -- demanding that you be indeminified )

So we will see where this goes.? ?It is sad that UF did not choose to move on this when I first brought it up days ago, and that they only moved when I ceased providing any more input to the team.? ?But sometimes it takes drastic measures to bring partners to the table.?

Y'all are welcome to do whatever you wish, but about 80% of intubted patients DIE....and if you have never been sued before you might think that through and look into how much a lawyer charges PER HOUR and how much your out of pocket will be for expert witnesses, per diem, travel expenses....yeah, it's a lot.? ?All preventable easily by UF simply exerting their sovereign immunity to cover people who are working for FREE for them.? ?Should have been done from the very start.? ?i apologize that it took several of you to point out to me the issue.??

Sincerely,
Gordon L. Gibby MD KX4Z


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